2019 Black Lung Benefits Stuck at 2018 Rates
It’s almost March 2019 and coal miners and their families who receive federal black lung benefits are still waiting on the annual increase in benefits that…
NPR Points to Government Failures in Preventing Black Lung
Today National Public Radio (NPR) is running a powerful story by Howard Berkes, one of their investigative reporters who has been central to documenting the resurgence…
Roundup of Media on Black Lung Disability Trust Fund & Federal Budget
As the end of 2018 approaches, the Black Lung Disability Trust Fund is receiving lots of media attention as Congress plays chicken with the deadline to…
Two Courts of Appeals Reject Late-Raised Appointments Clause Challenges in Black Lung Cases (Island Creek Coal Co. v. Wilkerson & Turner Bros., Inc. v. Conley)
The biggest legal issue in federal black lung benefits litigation right now concerns a relatively obscure part of the U.S. Constitution—the Appointments Clause. This past summer,…
Benefits Review Board Decides Narrow Case Related to Effect of Lucia v. SEC in Black Lung Cases (Miller v. Pine Branch Coal Sales, Inc.)
Last month, the U.S. Department of Labor’s Benefits Review Board issued its first precedential case of 2018. Miller v. Pine Branch Coal Sales, Inc., No. 18-0323…
Supreme Court Ruling Threatens More Delays in Black Lung Cases (Lucia v. SEC)
Yesterday, the U.S. Supreme Court issued a major decision that threatens many more delays in federal black lung cases. On its surface, the issue in Lucia…
Watchdog Report by GAO Finds Black Lung Trust Fund Debt to Spiral Unless Congress Acts
Yesterday, the U.S. Government Accountability Office (GAO) released a major report about the black lung benefits system. The report looked at the finances of the Black…
NPR Story Highlights Four Important Studies About Resurgence of Black Lung Disease
Yesterday, NPR published another article in its series on the recent resurgence of black lung among American coal miners. The piece by Howard Berkes (with help…
Sixth Circuit Upholds DOL Regs for Surface Miners to Qualify for Fifteen-Year Presumption, Affirms Surface Miner’s Award (Zurich American Insurance Group v. Duncan)
Earlier this month, the U.S. Court of Appeals for the Sixth Circuit issued a precedential decision in a federal black lung benefits claim: Zurich American Insurance…
D.C. Circuit Rejects Arch Coal’s Challenge to Black Lung Cases Left by Patriot Coal Bankruptcy (Arch Coal, Inc. v. Acosta)
Last week the U.S. Court of Appeals for the D.C. Circuit issued one of its rare decisions relating to black lung benefits. The decision will likely…